| Resident Employees Who Are Not On-Call |
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| The general rule is that employees who reside on the employer's premises are protected by workers' compensation coverage if they are required to reside on the premises and are on-call twenty-four hours per day or the injury resulted from a risk associated with the employee's living conditions given the requisite living arrangement. When the employee is not on-call and has specified work hours, though he is required to live on the employer's premises, gaining workers' compensation benefits for an injury off the employer's premises is somewhat difficult. When the resident employee is injured outside his work hours and off the employer's premises, he must show a strong causal link between the injury and his employment. This causation requirement is magnified and must be found more compelling than the showing required for on-call employees. More... |
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| Workers' Compensation and Third Party Actions |
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| Avoiding a Double Recovery) More... |
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| Energy Employees Occupational Illness Compensation Program Act |
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| The Energy Employees Occupational Illness Compensation Program Act of 2000 provides compensation and the payment of medical expenses for employees, former employees, or survivors of deceased employees of the Department of Energy (DOE). The Act was created in recognition of the fact that there was a lack of uniformity in providing adequate compensation for the occupational illnesses noted below among state workers' compensation programs. The amount of compensation and eligibility for benefits turns on the status of the individual's work and the nature of the illness. More... |
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| Issue of "Time" in "By Accident" Concept |
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| Generally, for those jurisdictions adhering to the requirement of injury "by accident" for the injury to be compensable, there is an element of time. Basically, not only must the injury be "accidental" but also the causative event must be fairly identifiable as to time. It has been the general consensus among these jurisdictions that the time element is satisfied if either the event that caused the injury or the resulting injury itself was sudden. The time of the event that caused the injury is sufficiently definite if pinpointed to a span of several hours or days. As for the resulting injury, "suddenness" can include a gradual effect on the worker's body that ends with an injury that is clearly identifiable as to date. More... |
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| Workers' Compensation Award Credit for Actual Earnings |
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| In some instances, an injured employee will return to his former position and resume making the same earnings as before the injury. When such an individual has received a workers' compensation benefit, the question arises whether the employer is entitled to a credit on the amount of benefits that were paid to the employee. If the employer paid the employee's wages, intending such wages to take the place of any benefit compensation, then the employer would be entitled to a credit. However, there is rarely direct evidence of the employer's intention in this regard. More... |
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